US Code

Public Law 119-73 (01/23/2026)

50 U.S.C. § 3040

Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources

(a)

Disclosure of foreign intelligence

(1)
Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of National Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation.
(2)
The Attorney General by regulation and in consultation with the Director may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests.
(b)

Procedures for notice of criminal investigations

Not later than 180 days after , the Attorney General, in consultation with the Director of National Intelligence, shall develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity.

(c)

Procedures

The Attorney General shall develop procedures for the administration of this section, including the disclosure of foreign intelligence by elements of the Department of Justice, and elements of other departments and agencies of the Federal Government, under subsection (a) and the provision of notice with respect to criminal investigations under subsection (b).

July 26, 1947, ch. 343Pub. L. 107–56, title IX, § 905(a)(2)115 Stat. 388Pub. L. 108–458, title I, § 1071(a)(1)(G)118 Stat. 3689(, title I, § 105B, as added , , ; amended , (H), (2)(B), (C), , , 3690.)

Editorial Notes

Codification

section 403–5b of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.

Prior Provisions

act July 26, 1947, ch. 343, title IPub. L. 106–120, title V, § 501(a)(1)113 Stat. 1616section 3142 of this titleA prior section 105B of , as added , , , which related to protection of operational files of the National Imagery and Mapping Agency, was renumbered by subsequent acts and transferred. See .

Amendments

Pub. L. 108–458, § 1071(a)(1)(G)2004—Subsec. (a)(1). , substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Pub. L. 108–458, § 1071(a)(2)(B)Subsec. (a)(2). , struck out “of Central Intelligence” after “Director”.

Pub. L. 108–458, § 1071(a)(2)(C)Subsec. (b). , struck out “of Central Intelligence” after “notice to the Director”.

Pub. L. 108–458, § 1071(a)(1)(H), substituted “with the Director of National Intelligence” for “with the Director of Central Intelligence”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–458section 3001 of this titleFor Determination by President that amendment by take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under .

Pub. L. 108–458section 1097(a) of Pub. L. 108–458section 3001 of this titleAmendment by effective not later than six months after , except as otherwise expressly provided, see , set out in an Effective Date of 2004 Amendment; Transition Provisions note under .